Sagini v Attorney General & another; Law Society of Kenya & another (Interested Parties) (Petition 176 of 2016) [2017] KEHC 9183 (KLR) (Constitutional and Human Rights) (12 July 2017) (Judgment)

Facts

The Petitioner, George Ndembo Sagini, is aggrieved by the sudden unilateral increase in registration fees for companies from Kshs.4,050 to Kshs.10,000, which he claims was made without public participation.

Issues

1. Whether the procedure leading to the enactment of Legal Notice No.61 of 2016 contained in Kenya Gazette Supplement No.49 was unconstitutional for lack of public participation.
2. Whether the publication and enactment of Legal Notice No.61 of 2016 contravened the provisions of the Statutory Instruments Act.

Reasoning

The Court held that public participation is a mandatory requirement in the process of making legislation, and the 1st Respondent did not provide reasonable opportunity for public participation.

Outcome

The Petition is allowed.

Authorities cited